Lincoln County Water District
181 Main Street, Suite 115
P.O. Box 206
Pioche, NV 89043
MINUTES - LINCOLN COUNTY WATER DISTRICT (LCWD)
WEDNESDAY, MARCH 16, 2011 10:00 AM
COMMISSION CHAMBERS, LINCOLN COUNTY COURTHOUSE, PIOCHE, NV
March 16, 2011
Action may be taken on items denoted with an asterisk*.
1. * Call to order, open meeting compliance, roll call, prayer and pledge of allegiance.
Meeting called to order at 10:46 a.m. Present: George T. Rowe, Anthony P. Donohue, Kevin J. Phillips, Wade Poulsen-General Manager, Dylan Frehner-Legal Counsel, and Shannon Simpson-Administrative Assistant. Absent: E. Edwin Higbee, Jr., Paul H. Mathews. Prayer: Paul Donohue. Pledge: Tommy Rowe.
2. * Discussion/Action: Approve/Modify minutes from February 16, 2011, meeting.
Motion by G. Tommy Rowe to approve the February 16, 2011, meeting minutes, 2nd by Paul Donohue, motion passes unanimously.
3. * Discussion/Action: Approval of vouchers paid on check dates March 7, 2011, and March 21, 2011.
Motion by Paul Donohue to approve the payment of vouchers for check dates March 7, 2011, and March 21, 2011, 2nd by G. Tommy Rowe, motion passes unanimously.
4. Discussion: Board and Staff member reports.
- Ryan Hoerth discovered that some well casing have been shot up in the Tule Desert, as well as, Lavar Wade’s water truck and trailer, FF-1 and FF-2 monitoring sites. We will be filing police report.
- 03/09/11 – Attended City of Mesquite agency review. Mesa Vista has also applied for annexation into the City. Posted similar comments with the City regarding C & O Holdings request for annexation.
- 03/14/11 - Wade, Dylan, Dorothy Timian-Palmer, and Don Pattalock traveled to Oakland, CA, to meet with Seeno Builders. Discussed Coyote Springs Investment (CSI) development and water rights and agreements.
- Attended three Virgin Valley Water District (VVWD) meetings over the past month. Agenda item over a month ago about going to the Legislature regarding service area. The General Manager (GM), Ken Rock, at the time was in agreement of going to the Legislature and changing their service area. However, their Board made no motion on it, therefore, the agenda item was dead. At the meeting held 03/15/11, the item was back on the agenda because the GM had been receiving calls from developers and the City of Mesquite about the servicing of water and he wanted an official statement made by the VVWD. Mark McEwen made a motion to disregard the GM’s statement that was published in the newspaper and given at the first meeting. Motion was made to have the GM monitor the Legislative sessions/acts and the courts/legal action. They also stated that they would not serve any property outside their service area. Direction given to explore other avenues, i.e., a working group for an inter-local agreement. Wade made statement requesting that we would like to have a working group consisting of two Board members from our Board and two Board members from their Board, the GM’s and the legal counsels to work together on coming to a solution on servicing water in the Lincoln County Land Act (LCLA). Their Board voted on the above and the vote was 5-0 in favor of the statement. They will not be part of any legislation or legal action concerning LCLA. They are open to working with LCWD to come up with a solution to get water to the LCLA. Wade suggested that on behalf of LCWD, himself, Dylan, Chairman, and Vice-Chairman be our representatives, or, if the Board would like to have a discussion regarding the representatives we can make the discussion an agenda item for our April meeting. Kevin Phillips requested that we agendize it for the April meeting.
- Greg Buschner and I will be meeting with the National Park Service at end of March in the Tule Desert for our stipulation and technical review.
- Also, at the end of the month going with Ryan Hoerth from Vidler into the Kane Springs and Clover areas doing monitoring work and helping replace rain and stream bed gauges. Doug Chen from Seeno will also be going into the Kane Springs area since this is the area that will provide water to CSI.
- BDR review – SB-153, which is the City of Caliente bill, SNWA has taken control of this bill and the only change will be moving the time frame from 5-years to 10-years.
- AB-115 - Changes the time the State Engineer has to act upon an application from 1-year to 2-years. If he acts outside of the 2-years, renotification must be given. Applicant can ask for a postponement. If no action has been taken in 7-years republishing of the application is required.
- Meeting with Albert Seeno III, in Oakland, CA, on 03/14/11, regarding contracts, updates, history, etc., due to change in ownership.
- Over the past month met with Wade and City of Caliente staff several times about SB-153 to find out the purpose of the bill, if it would have any impact on LCWD, and if LCWD can be of any assistance.
- Attended City Council Meeting on 03/03/11, to hear the Mayor’s update on the bill.
- Several phone calls/meetings between 03/09/11 and 03/11/11, with the attorneys and Daniel Hooge, District Attorney, regarding the annexation litigation.
5. * Discussion/Action: Pay increase for Shannon Simpson based upon six-month review.
Tommy suggested to wait until after budget hearings are completed for the 2011-2012 budget year, and then come up with something after that and make it retroactive. Wade explained that we do currently have the funds in the budget and this increase will have no affect on the budget.
Motion by Paul Donohue to approve 3% pay increase for Shannon Simpson effective March 1, 2011, 2nd by Kevin Phillips, motion passes unanimously.
6. Vidler Update. Don Pattalock:
- Toquop Energy meeting scheduled in a of couple weeks with BLM to discuss notice to proceed. Confusion on multiple right-of-way (ROW) grants that have been issued and which ROW is Toquop Energy moving forward on with the notice to proceed.
- Halfway through engineering review for the water pipeline coming south out of the Toquop site to the northwest corner of the LCLA. A “plan” is being prepared to present to the Board and that can accompany BLM application. Don has spoken with Sithe Global regarding this and has not received any negative feedback.
- Kane Springs, Tule Desert, and Clover monitoring continuing along with reinstallation of data monitors lost during the rain.
- Dry Lake Valley discrepancy between point of diversion approved by the State Engineer and actual well location. Not far apart but fall into separate quarter quarters. Filing change application so that permit will actually match the well site location.
- Attended meetings regarding annexation.
- BLM response to reimbursement of cost recovery. Recommends setting up meeting with Rosemary Thomas and the Acting State Director.
7. * Discussion/Action: Inter-local agreement between Lincoln County Water District (LCWD) and Lincoln County for LCWD staff to represent Lincoln County on water related issues.
- Under N.R.S. it states that if LCWD and Lincoln County are going to share staff in any way that it has to be put in the form of an inter-local agreement versus a letter. Mr. Hooge also agrees with this.
- Page 3, talks about LCWD services. Exhibit A would have the services to be provided. Added County services.
- Mr. Hooge didn’t care for the term management, deleted management and replaced with representative at hearings, meetings, etc. We still have the language that no action can be taken by either entity for either entity without the final approval of the Boards.
- No action taken.
8. * Discussion/Action: Stipulation to stay legal proceedings for 60 days pending negotiations between the parties in Case No: CV-0209011 and CV-1250010, which cases involve the annexation of property in the Lincoln County Land Act by the City of Mesquite.Motion by G. Tommy Rowe to stay legal proceedings for 60 days with no legislative remedies, 2nd by Kevin Phillips, motion carries 2-0, Paul Donohue opposed.
Dylan will make the changes to the stipulation language regarding no legislative remedies and send it to the City of Mesquite.
9. * Discussion/Action: Agreement between LCWD/Vidler Water Co. and Southern Nevada Water Authority (SNWA) to resolve issues in Dry Lake Valley (Basin 181) that are a result of the Nevada Supreme Court decision in the Great Basin Water Network vs. State Engineer.
Motion by Paul Donohue to approve this agreement between LCWD/Vidler Water Co. and Southern Nevada Water Authority (SNWA) to resolve issues in Dry Lake Valley (Basin 181) that are a result of the Nevada Supreme Court decision in the Great Basin Water Network vs. State Engineer, 2nd by G. Tommy Rowe, motion passes unanimously.
10. * Discussion/Action: LCWD’s response and/or action, if any, to Bureau of Land Management’s (BLM) denial of reimbursement of Lincoln County Land Act (LCLA) cost recovery funds in the amount of $331,267.45.
Motion by Paul Donohue for Kevin Phillips (on behalf of LCWD) to call and organize meeting between the BLM State Director and Rosemary Thomas to discuss denial of reimbursement of LCLA cost recovery funds in the amount of $331,267.45, 2nd by G. Tommy Rowe, motion passes unanimously.
11. Public Comment and Discussion.
- Mark Teepen – BLT.
- Agrees with the flexibility of two lines.
- Agrees with the motion to stay the legal action. That it gives the Board the leverage it needs to negotiate with the different entities.
- Highly recommends that patent easements be part of the annexation agreement.
- Chris Armstrong – C & O Holdings.
- These issues will hopefully be discussed during the negotiations with all entities involved. Don’t wish to undo all of the work that has already been done.
- Paul Donohue – Biggest part of the resolution is who is ultimately responsible for governance of the land? County boundaries were drawn for a purpose.
- Tommy Rowe – Question directed to Bruno Knowles-SNWA – Any move at all for the start of construction of SNWA pipeline? Take a look at newsletter published by the BLM, December 2010 – Newsletter No. 6, has a projected time line. It is quite a few years away.
12. * Adjourn. Meeting adjourned at 11:50 a.m.
Motion by G. Tommy Rowe to adjourn, 2nd Paul Donohue, motion passes unanimously.
Submitted for approval by:
Shannon Simpson, LCWD Administrative Assistant /s/ Shannon M. Simpson
Approved by: /s/ E. Edwin Higbee Jr.
Date: April 13, 2011